The Difference Between DWI and DUI in Texas

In Texas, DWI is Driving While Intoxicated. This means you are over .08 or have lost the normal use of your physical or mental faculties. DUI is Driving Under the Influence. In Texas, this means you are under 21 years of age and you have ANY detectable amount of alcohol in your system. So even if you only have 1 beer, if you are under age you can be charged with DUI.

My name is Eric Benavides and I’m a Texas criminal defense lawyer I want to talk to you today about DWI versus DUI.

Now many people don’t understand the difference in Texas. Before I was a lawyer I always thought that DUI meant driving under the influence of drugs, that’s not the case.

DWI – Driving While Intoxicated

In Texas, DWI means you’re either driving with a blood alcohol concentration of over .08 or you’ve lost the normal use of your physical or mental faculties.

DUI – Driving Under the Influence

DUI is for individuals that are under 21 that have any detectable amount of alcohol in their system. You’re not allowed to drink when you’re under 21 so if you have even one beer and you have any alcohol in your system that is a DUI in Texas. Now it’s important to remember that if you’re under 21 you can always be charged with DWI, but if you’re over 21 you cannot be charged with DUI.

But that is basically the difference between DWI and DUI in Texas.